17
1150 Kelly Johnson Blvd., Suite 140 Colorado Springs, CO 80920 Phone: (719) 592-9933 Fax: (866) 828-9543 DATE: June 24, 2016 FILE NUMBER: 598-H0473384-071-CS9 PROPERTY ADDRESS: 6365 Connaught Dr, Colorado Springs, CO 80908-3030 BUYER/BORROWER: TBD OWNER(S): Arie J. Van Wingerden YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 51310-04-007 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. TO: Heritage Title Company, Inc. 1150 Kelly Johnson Blvd. Suite 140 Colorado Springs, CO 80920 ATTN: Cindy Stimits PHONE: (719) 592-9933 FAX: (866) 828-9543 E-MAIL: [email protected] TO: Keller Williams Clients Choice 1283 Kelly Johnson Blvd Colorado Springs, CO 80920 ATTN: Butch Young PHONE: (719) 535-0355 FAX: (719) 535-0395 E-MAIL: [email protected] TO: Heritage Title Company 950 South Cherry Street Denver, CO 80246 ATTN: Kristina Wendling PHONE: (303) 264-1233 FAX: (866) 386-4605 E-MAIL: [email protected] TO: Colorado Springs North Escrow 1150 Kelly Johnson Blvd. Suite 140 Colorado Springs, CO 80920 ATTN: Cindy Stimits PHONE: (719) 592-9933 FAX: (866) 828-9543 E-MAIL: [email protected] END OF TRANSMITTAL

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1150 Kelly Johnson Blvd., Suite 140Colorado Springs, CO 80920

Phone: (719) 592-9933Fax: (866) 828-9543

DATE: June 24, 2016FILE NUMBER: 598-H0473384-071-CS9PROPERTY ADDRESS: 6365 Connaught Dr, Colorado Springs, CO 80908-3030BUYER/BORROWER: TBDOWNER(S): Arie J. Van WingerdenYOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 51310-04-007

PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:

None.

WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT.

TO: Heritage Title Company, Inc.1150 Kelly Johnson Blvd.Suite 140Colorado Springs, CO 80920

ATTN: Cindy StimitsPHONE: (719) 592-9933FAX: (866) 828-9543 E-MAIL: [email protected]

TO: Keller Williams Clients Choice1283 Kelly Johnson BlvdColorado Springs, CO 80920

ATTN: Butch YoungPHONE: (719) 535-0355FAX: (719) 535-0395E-MAIL: [email protected]

TO: Heritage Title Company950 South Cherry StreetDenver, CO 80246

ATTN: Kristina WendlingPHONE: (303) 264-1233FAX: (866) 386-4605E-MAIL: [email protected]

TO: Colorado Springs North Escrow1150 Kelly Johnson Blvd.Suite 140Colorado Springs, CO 80920

ATTN: Cindy StimitsPHONE: (719) 592-9933FAX: (866) 828-9543E-MAIL: [email protected]

END OF TRANSMITTAL

dsdruiz
Callout
Must be dated within 30 days of submittal. Please provide an updated title
dsdruiz
Callout
title commitment required for both parcels.

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

Commonwealth Land Title Insurance CompanyCOMMITMENT

SCHEDULE A

Commitment No: 598-H0473384-071-CS9

1. Effective Date: June 21, 2016 at 7:00 A.M.

2. Policy or policies to be issued: Proposed Insured Policy Amount

(a) ALTA Owners Policy 6-17-06 $0.00

TBD

(b) None $0.00

TBD

$

3. The estate or interest in the land described or referred to in this Commitment is:

A Fee Simple

4. Title to the estate or interest in the land is at the Effective Date vested in:

Arie J. Van Wingerden aka Arie Van Wingerden

5. The land referred to in this Commitment is described as follows:

See Attached Legal Description

(for informational purposes only) 6365 Connaught Dr, Colorado Springs, CO 80908-3030

PREMIUMS:

Title Research Fee: $150.00

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

Attached Legal Description

Lot 16, Palmer Divide, County of El Paso, State of Colorado.

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

SCHEDULE B – Section 1

Requirements

The following requirements must be met:

a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.

b. Pay us the premiums, fees and charges for the policy.

c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.

d. Evidence that any and all assessments for common expenses, if any, have been paid.

e. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance.

Party(s): Arie J. Van Wingerden

The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit.

f. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser.

g. Deed of Trust sufficient to encumber the estate or interest in the Land described or referred to herein for the benefit of the Proposed Insured Lender.

h. Furnish for recordation a full release of deed of trust:

Amount: $1,400,000.00Trustor/Grantor: Arie J. Van Wingerden aka Arie Van WingerdenTrustee: Public Trustee of El Paso CountyBeneficiary: Farm Credit of Southern Colorado, PCA, a wholly owned subsidiary of Farm

Credit of Southern Colorado, ACARecording Date: February 7, 2011Recording No: 211013507

Amendment recorded October 4, 2012 at Reception No. 212116699.Modifications recorded December 16, 2013 at Reception No. 213148052 and December 19, 2014 at

Reception No. 214117018.

The Deed of Trust set forth above is purported to be a “Credit Line” Deed of Trust. It is a requirement that the Trustor/Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender when the Deed of Trust is being paid off through the Company or other Settlement/Escrow Agent or provide a satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing.

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

Exception number 5 will be removed from the policy provided the company conducts the closing.

24 MONTH CHAIN OF TITLE, FOR INFORMATIONAL PURPOSES ONLY:

The following vesting deeds relating to the subject property have been recorded in the Clerk and Recorder’s office of the County in which the property is located:

Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.

END OF REQUIREMENTS

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

SCHEDULE B – Section 2

Exceptions

Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:

1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records.

4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records.

5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment.

6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records.

7. All taxes and assessments, now or heretofore assessed, due or payable.

NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes.

8. Covenants, conditions, restrictions, reservations and lien rights, which do not include a forfeiture or reverter clause, set forth in the Declaration, recorded June 07, 2005 at Reception No. 205084214. Provisions regarding race, color, creed, and national origin, if any, are deleted. Amendment in connection therewith recorded June 28, 2005 at Reception No. 205096974.

9. Any interest which may have been acquired by the public by reason of the Resolution of the Board of County Commissioners dated June 20, 1917 and recorded the same day in Book 571 at Page 55, providing that all section lines, township lines, and range lines on the public domain in El Paso County are declared public highways of the width of 60 feet, being 30 feet on each side of said section lines, township lines, and range lines, provided however that the Board may, from time to time as the occasion arises, by resolution declare it necessary to develop and improve said highways when in their judgment it shall be necessary and expedient.

10. An easement for electric and telephone and incidental purposes granted to Mountain View Electric Association by the instruments recorded, October 23, 1970 in Book 2371 at Page 395, August 29, 1977 in Book 2955 at Page 454, February 21, 1986 in Book 5130 at Page 4, September 12, 2005 at Reception No. 205142373.

11. An undivided 1/2 interest in all oil, gas and other minerals, in, on or under the real property, as reserved by Deed, recorded January 20, 1970 in Book 2327 at Page 447, and any and all assignments thereof or interests therein.

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

12. Terms, conditions, provisions, agreements and obligations contained in the Boundary Line Agreement recorded November 15, 2004 at Reception No. 204188565.

13. Findings of Fact, Conclusions of Law, Judgment and Decree of the Water Court, District Court, Water Division 1, Colorado, Case No. 04-CW-034, recorded April 20, 2005 at Reception No. 205055280. Deed in connection therewith recorded June 07, 2005 at Reception No. 205084215.

14. Terms, conditions, provisions, agreements and obligations contained in the Subdivision Improvements Agreement recorded June 07, 2005 at Reception No. 205084213.

15. Terms, conditions, provisions, agreements and obligations contained in the Bylaws of Palmer Divide Home Owners Association, Inc. recorded June 07, 2005 at Reception No. 205084217.

16. Terms, conditions, provisions, agreements and obligations contained in the Resolution No. 05-209, by the Board of County Commissioners, El Paso County, Colorado recorded September 23, 2005 at Reception No. 205149820.

17. Easements, notes and notices as set forth on the plat of Palmer Divide, recorded June 7, 2005 at Reception No. 205084216.

18. An easement for utility line, right of way and incidental purposes granted to Mountain View Electric Association, Inc., a Colorado Corporation by the instrument recorded September 21, 2005 at Reception No. 205148724.

19. Terms, conditions, provisions, agreements and obligations and easements contained in the Grant of Fire Cistern Easement recorded December 14, 2009 at Reception No. 209142698.

END OF EXCEPTIONS

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

AFFIDAVIT AND INDEMNITY AGREEMENT

TO Heritage Title Company, Inc. a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation.

1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen’s liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property:

legally described as:See Attached Affidavit and Indemnity Agreement Legal Description

Property Address: 6365 Connaught Dr, Colorado Springs, CO 80908-3030

2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing.

3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us.

4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge.

5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance.

6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above.

7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above.

The undersigned affiant(s) know the matters herein stated are true and indemnifies Heritage Title Company, Inc., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein.This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon.

SELLER:

Arie J. Van Wingerden

SELLER:

SELLER:

SELLER:

State of ColoradoCounty of El Paso

ss:

The foregoing instrument was acknowledged, subscribed, and sworn to before me on by Arie J. Van Wingerden.

(SEAL) Notary Public My Commission Expires:

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION

Lot 16, Palmer Divide, County of El Paso, State of Colorado.

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

COMMITMENT FOR TITLE INSURANCE

Issued by

Heritage Title Company, Inc.AS AGENT FOR

Commonwealth Land Title Insurance Company

Commonwealth Land Title Insurance Company, a Nebraska corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment.

The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company.

All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company.

The Company will provide a sample of the policy form upon request.

IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A.

Attest:Secretary

By:

President

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

CONDITIONS

1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.

2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.

3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.

4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.

5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org.

.

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

DISCLOSURE STATEMENT

Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 7), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal.

Colorado Division of Insurance Regulation 3-5-1, Paragraph G of Section 7, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued.

Colorado Division of Insurance Regulation 3-5-1, Paragraph L of Section 7, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment.

If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding).

Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee.

Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph.

Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded.

Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded.

Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information:

o The subject property may be located in a special taxing district.o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County

Treasurer or the County Treasurer's authorized agent.o Information regarding special districts and the boundaries of such districts may be obtained from the

Board of County Commissioners, the County Clerk and Recorder or the County Assessor. Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has

been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission.

Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause,

06/24/2016 4:28 PM Commitment No.: 598-H0473384-071-CS9

Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees andALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmericanLand Title Association.

and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.

FNF Privacy NoticeEffective: April 1, 2016

FIDELITY NATIONAL FINANCIALPRIVACY NOTICE

At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF”, “our” or “we”), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary.

Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver’s license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device.

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Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice.

FNF Privacy NoticeEffective: April 1, 2016

FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE

FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the “Website”), as well as any information collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you.

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email address); • social security number (SSN), driver’s license, and other

government ID numbers; and • financial account or loan information.

Browsing Information. The types of browsing information FNF collects may include, but are not limited to:

• Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information;

• browser language; • browser type; • domain name system requests; • browsing history; • number of clicks; • hypertext transfer protocol headers; and • application client and server banners.

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authorized representative, whether electronic or paper; • communications to us from you or others; • information about your transactions with, or services

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We may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log, collect

and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user.

• Cookies. From time to time, FNF may send a “cookie” to your computer when you visit the Website. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. When you visit the Website again, the cookie allows the

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Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you, or to one or more

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• To improve our products and services; and • To communicate with you and to inform you about FNF’s

products and services.

When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: • to agents, representatives, or others to provide you with

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• to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or

• to other parties authorized to receive the information in connection with services provided to you or a transaction involving you.

We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any information

provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its

users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use.

We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above-described proceedings. We cannot and will not be

FNF Privacy NoticeEffective: April 1, 2016

responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us.

Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances (“opt out”). You may opt out of receiving communications from us about our products and/or services.

Security And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF’s privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes.

Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.

Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites.

International Users Because FNF’s headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information and/or Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice.

Do Not Track Disclosures Currently, our policy is that we do not recognize “do not track” requests from Internet browsers and similar devices.

The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet (“CCN”), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer, including: • first and last name;

• property address; • user name and password; • loan number; • social security number - masked upon entry; • email address; • security questions and answers; and • IP address.

The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer.

Access and CorrectionTo access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at [email protected] or by mail at:

Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer

Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website.Contact FNFPlease send questions and/or comments related to this Privacy Notice by email at [email protected] or by mail at:

Fidelity National Financial, Inc.601 Riverside Avenue

Jacksonville, Florida 32204Attn: Chief Privacy Officer

Copyright © 2016. Fidelity National Financial, Inc.All Rights Reserved.

EFFECTIVE AS OF APRIL 1, 2016

Markup Summary

Subject: CalloutPage Label: 1Lock: LockedAuthor: dsdruiz

Must be dated within 30 days of submittal. Pleaseprovide an updated title

dsdruiz (2)

Subject: CalloutPage Label: 1Lock: LockedAuthor: dsdruiz

title commitment required for both parcels.

1150 Kelly Johnson Blvd., Colorado Springs, C

Phone: (719) 5Fax: (866) 8

June 24, 2016UMBER: 598-H0473384-071-CS9RTY ADDRESS: 6365 Connaught Dr, Colorado Springs, CO 80908-3030/BORROWER: TBD

R(S): Arie J. Van WingerdenREFERENCE NUMBER: SOR PARCEL NUMBER: 51310-04-007

E TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:

D FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING RUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTHIS COMMITMENT.

Must be dated within 30 days of submittal.Please provide an updated title

Colorado Springs, COPhone: (719) 59

Fax: (866) 828

71-CS9naught Dr, Colorado Springs, CO 80908-3030

1310-04-007

LLOWING REVISED TERMS CONTAINED HEREIN:

IRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTA

title commitmentrequired for bothparcels.